A work injury can set you back for weeks, months, or even indefinitely. It may threaten your ability to work, enjoy your life, or ability to cover both your living and medical expenses. To minimize the impact this accident has had on your life, a workers’ compensation lawyer can help guide you through the claim process so you can receive all benefits that you are entitled to receive for your losses.
At Jaklitsch Law Group, we represent you in a variety of workers’ compensation matters, so you can trust that you are getting the most favorable outcome possible. We understand that you need to recover your losses as quickly as possible, and we help you navigate and streamline the process. Our legal team is adept at handling the complexities of workers’ compensation claims and the unique considerations that come with them, so we can secure your results.
Clarifying the Workers’ Compensation Process in Maryland
When individuals are wrongly injured, there is often a means by which they can recover their losses. For workers, there is a very specific process by which they can receive assistance with their injuries, and that is workers’ compensation. Workers’ compensation is a type of insurance coverage for those in the workforce who suffer an “accidental personal injury arising out of and in the course of employment,” and is governed by Maryland’s workers’ compensation laws.
As such, injuries and illnesses must occur while the worker is fulfilling their job requirements for their employer, and the injuries must be accidental and arise because of conditions in the workplace. When the conditions of the work environment are directly linked to the employee’s harm, then those injuries, illnesses, or diseases become eligible for benefits through workers’ compensation.
It is important to be aware that while the injury was sustained due to conditions in the workforce, Maryland is a no-fault state and does not require this point to be established. As a worker, this helps you recover compensation faster by not having to demonstrate negligence in the claim. It also protects employers from being sued and held liable for their employees’ injuries.
While legal help is not required to file a workers’ compensation claim, hiring Maryland workers’ comp attorneys at the outset of the process can help ensure that your rights are protected and you receive a favorable outcome. They can provide valuable counsel for your situation and navigate the many intricacies of the claim and decision-making process. When complications arise, lawyers can fight to recover a fair sum so that the medical care you need is not out of reach.
Workers’ Compensation and Self-Insured Employers
Employers have the option of providing workers’ compensation benefits through the state fund or becoming self-insured. Self-insured companies are required to be financially stable and have the ability to pay claim benefits themselves. This means that an injured worker is required to file their claims through their employer rather than the state. Requirements could vary, so check with your employer and talk to a Maryland workers’ comp lawyer for further guidance.
Potential Work Injuries You Could Suffer and the Importance of Medical Care
Injuries that are eligible for workers’ compensation benefits may come in many forms. They may also range in severity and level of impact on your life. These injuries often include many of the most common types of workplace accidents and can happen across any industry. While the exact condition and its impact will vary depending on the situation and type of work that you do, injuries that could entitle you to receive benefits are likely to include:
- Exposure to chemicals, temperatures, pressure, disease, or electricity
- Injuries from overexertion or repetitive actions
- Slips, trips, and falls
- Being struck by objects
- Being crushed or caught between injuries
- Burns from fires or explosions
- Accidents involving motor vehicles
- Acts of violence
It is essential to get medical assistance right away after any injury, not only for the purposes of your claim but for your safety. There are many hidden accident injuries that are extremely dangerous and can go unnoticed without proper medical testing. Some of the most common ones include neck, head, and brain injuries, back injuries, joint damage, internal bleeding and organ damage, and chest and shoulder injuries. These could be life-threatening if left untreated.
How to Submit a Workers’ Compensation Claim in Maryland
To recover benefits after an on-the-job injury that qualifies for workers’ compensation, there is a very specific process that must be followed when filing a claim. The first of which is to notify your employer of the injury or illness you have suffered on the job. In the event of injury, workers have 10 days to tell their employer, and up to a year for work-related illnesses. For fatal injuries, employers must be notified of the death by family within 30 days.
When an employer is notified, details of the accident and the worker’s injuries must be provided. The worker must also fill out the required forms for their claim and receive a medical assessment of their condition. Maryland residents have the right, in most situations, to choose the doctor that they want to use for their evaluation and treatment.
Upon submission of all documentation and fulfillment of all steps, a workers’ compensation claim will be thoroughly reviewed before a decision is made. If there is uncertainty regarding the decision of a claim or there is a need to appeal a decision, then a hearing may be scheduled to further discuss the matter. A worker has 30 days to appeal the decision and request that the decision and claim be reviewed and investigated.
Death Benefit Claims Under Workers’ Compensation in Maryland
Injured workers are not the only individuals who are entitled to recover workers’ compensation benefits. When an employee is killed in the line of work, their family members may file a claim on their behalf and recover benefits to help compensate for the decedent’s end-of-life costs, funeral and burial expenses, and income that is gone due to the worker’s death. Proof of death and other documentation will be required in order to process the claim and receive a decision.
What to Know About Receiving Disability Benefits in a Maryland Workers’ Compensation Claim
When injuries from a workplace accident have long-term repercussions and keep you from doing your job, you may need to request disability benefits as part of your workers’ compensation claim. These benefits provide additional compensation to make up for lost work and income as a result of the accident. Maryland provides four types of disability benefits that are designed to meet the needs of your particular situation. These benefits include:
- Temporary total disability: Benefits are provided for individuals who cannot work during the initial stages of their injury while they are recovering from the injuries they sustained. The expenses and losses that are covered may depend on the length of the injury and when the disability developed. Benefits are generally two-thirds of the workers’ weekly earnings.
- Temporary partial disability: Benefits provided for individuals who cannot work at full capacity during their recovery period, but are able to work in a reduced capacity. In these circumstances, benefits cover half of the difference in wages between what the worker normally earns and what they are earning in a reduced capacity.
- Permanent total disability: Benefits are provided for individuals who are severely disabled to the point where they are unable to work at all. This may be due to injuries that result in paralysis of limbs, amputation of limbs, or vision problems. Workers may receive benefits that are two-thirds of the value of their regular earnings. Cost-of-living adjustments may be made to benefits, but may not be more than 5%.
- Permanent partial disability: Benefits are provided for individuals who have suffered a very serious disability but still have the ability to work in a more limited capacity or with accommodations. Payments for these disabilities are generally limited in scope and are determined by the type and extent of the injury.
Determining which category your injury may fall into may be easy or difficult depending on your circumstances. Workers’ compensation lawyers can help you gain clarity on your eligibility for disability benefits and how to apply for them. They can also help you calculate what your payments may be so you can begin to plan accordingly for the adjustments in your financial situation. Your lawyer will also advocate for you so you do not receive unnecessary pushback.
Situations Where You Can File a Third-Party Claim in Maryland
Third-party claims allow you to pursue compensation directly from an outside party when they injure you in your line of work, as opposed to workers’ compensation claims that allow you to file a claim for injuries caused by an employer or coworker. Outside parties could be motorists, property owners, product or part manufacturers, animals, contractors, and vendors. When their actions — often arising out of negligence — harm you, you can sue them for your losses.
A third-party claim is similar to that of a personal injury claim in that you must demonstrate that the other party was at fault for the accident that caused your injuries. Unlike a workers’ compensation claim, you can also pursue compensation for the pain and suffering you have experienced.
Third-party claims and workers’ compensation claims may be able to be filed at the same time. Depending on the nature of the claim, injury, and timing, some special considerations might apply. In some instances, one of your claims may be negatively impacted by the other. There may also be times when funds must be paid back to workers’ compensation funds. With these intricacies, it is best to have workers’ compensation attorneys represent you and help increase your settlement value.
Workers’ Compensation Benefits Help You Navigate the Aftermath of a Workplace Accident in Maryland
Employees file workers’ compensation claims when they need financial assistance with the expenses and losses caused by an on-the-job injury. The benefits that an approved claim can provide allow workers to get the care they need without having to worry whether or not they can afford it on their own. The coverage provided through benefits can cover several losses and situations, which can include:
- Hospitalization, treatments, medication, equipment, and prosthetics
- The value of wages lost while you are unable to work
- Funeral, burial, and death benefits
- Temporary total, temporary partial, permanent partial, or permanent total disability benefits
- Cost of vocational rehabilitation training efforts
Every worker’s situation is unique, and what benefits they require are unique as well. A workers’ comp attorney in Maryland can help you estimate what your claim might be worth before you file, and what benefits you may be able to recover as a result. They can also help negotiate on your behalf to ensure you are treated fairly and receive the maximum amount you are entitled to receive.
How Long It Takes to Resolve a Workers’ Comp Claim in Maryland
The time it takes to resolve your workers’ compensation claim can vary significantly based on a number of factors. Incomplete paperwork or insufficient evidence of an injury can delay the review process and require that additional steps be completed before it can be reviewed. If your claim has to be appealed or the sum of your settlement needs to be negotiated, then this can add a significant amount of time to the process.
A workers’ compensation attorney can help speed up the process so you can receive your benefits or settlement faster. Time is of the essence when you have been injured, and a lawyer can advise and review your claim activity to reduce delays.
Jaklitsch Law Group Advocates for You During Your Workers’ Compensation Claim
Jaklitsch Law Group helps you navigate workers’ compensation claims in Maryland. When your future feels uncertain and you are dealing with pain from a work injury, we come alongside you and provide the legal support you need. We ensure that you receive the results you deserve in a timely manner. Our workers’ comp lawyers are ready to help you and answer your questions when you schedule a free consultation with our team today.
